Texas Education Code 39.0302 – Issuance of Subpoenas
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(a) During an agency investigation or audit of a school district under § 39.0301(e) or (f), a special investigation under § 39.003(a)(8) or (14), a compliance review under § 21.006(k), 22.093(l), or 22.096, or an investigation by the State Board for Educator Certification of an educator for an alleged violation of an assessment instrument security procedure established under § 39.0301(a), the commissioner may issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence that is located in this state.
(b) A subpoena may be served personally or by certified mail.
Terms Used In Texas Education Code 39.0302
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Subpoena: A command to a witness to appear and give testimony.
(c) If a person fails to comply with a subpoena, the commissioner, acting through the attorney general, may file suit to enforce the subpoena in a district court in this state. On finding that good cause exists for issuing the subpoena, the court shall order the person to comply with the subpoena. The court may punish a person who fails to obey the court order.
(d) All information and materials subpoenaed or compiled in connection with an investigation or audit described by Subsection (a):
(1) are confidential and not subject to disclosure under Chapter 552, Government Code; and
(2) are not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to any person other than:
(A) the commissioner or the State Board for Educator Certification, as applicable;
(B) agency employees or agents involved in the investigation, as applicable; and
(C) the office of the attorney general, the state auditor’s office, and law enforcement agencies.